KUALA LUMPUR, March 19 - Aides and supporters of Datuk Seri Najib Tun Razak are moving on the ground feverishly to contain the fallout from the decision to bar Datuk Seri Ali Rustam from contesting the deputy president's position in Umno.

With a week to go before the polls, they are concerned that party delegates previously aligned to Ali are now throwing their support behind Tan Sri Muhammad Muhammad Taib, instead of Tan Sri Muhyiddin Yassin, their preferred choice as the party number two and deputy prime minister.

Several Umno divisional chiefs, warlords and opinion makers told The Malaysian Insider that they have been contacted in the past 24 hours by aides and supporters of Najib, urging them to go down to the ground and douse fires of revolt among party delegates who are upset at the action taken by the Umno disciplinary board against Ali.

These influential grassroots leaders have also been asked to talk up Muhyiddin's qualities and his track record. This is the first time those close to Najib are showing their hand, suggesting that there is real concern in the deputy prime minister's camp that the Minister of International Trade and Industry will not be a shoo-in for the deputy president's position.

A divisional chief from Perak said: "Ali was clearly ahead. Now that he is out, many of his supporters are threatening to throw their votes to Mat Taib because they feel that the disciplinary committee has not acted in good faith.

"Party delegates are not stupid. For them, either everyone gets caught or nobody gets caught. Tan Sri Muhyiddin will still win but the margin of victory could be embarrassing. If he is going to command the respect of the party and the country, he has to win by a comfortable margin.''

There have also been feelers sent out to Muhammad Taib, suggesting that he withdraw from the party polls in the interest of party unity. But so far this approach has been rebuffed by the Rural Development Minister. Any backroom deal to prevent a contest for the number two position in Umno is also likely to be unpopular with the rank and file.

The mood on the ground is that every position should be contested, and that the voice of the rank and file must be heard. In a perverse way, the party delegates want to dish out their own brand of justice, believing that the Umno disciplinary board is hamstrung by vested interest and too concerned about making examples of a few individuals to appease critics of money politics.

The Malaysian Insider also understands that officials close to Najib have shown preference for Datuk Ahmad Zahidi, Datuk Shafie Apdal and Datuk Hishammuddin Hussein as vice-presidents.

This endorsement will be most helpful for Hishammuddin, who is said to be in fourth position behind Zahid, Shafie and Datuk Khaled Nordin in the v-p race.

Najib's cousin, he was expected to snare one of the three v-p slots easily but his over confidence and lacklustre machinery has turned into from early favourite to rank outsider.

Given the restive mood in the party, it is unclear if the final push by Najib's supporters to get their slate of candidates elected will be successful or counterproductive.

(The Star) - Opposition Leader Datuk Seri Anwar Ibrahim believes the problem of money politics in Umno is more serious compared to the reports made to the party disciplinary committee.

Commenting on the barring of Malacca Chief Minister Datuk Seri Mohd Ali Rustam from contesting in the party elections, he said the committee’s decision to call up some leaders suggested that they were questioned due to their purported allegiance to one group.

“Why were some figures said to be siding one group called up while others were not?” Anwar said at the Parliament lobby, questioning the timing of the committee’s decision a few days before the party polls.

“I have been talking with some Umno division leaders and MPs, and they have told me that although they support the effort to clean the party up from money politics, they are suspicious of the methods used,” he said.

DAP chairman Karpal Singh said the Malay-sian Anti-Corruption Commission and police should take action against Mohd Ali based on the findings of the disciplinary committee.

He also said Mohd Ali should step down as chief minister.

“Morally, he should step down. Ali should not only be stepping down but also be charged in court,’’ he said.

Karpal Singh also said that Datuk Seri Dr Mohd Khir Toyo should be charged under Section 27 of the Police Act for participating in an illegal assembly.

“He was questioned by the police but there was no charge against him,” he said.

(Suara keADILan) - Umno veteran leader Tengku Razaleigh Hamzah warned that Malacca Menteri Besar Mohd Ali Rustam had the right to derail the party’s annual general assembly and election by appealing to the Registrar of Societies.

Razaleigh is among the latest to join the slew of leaders who have spoken out against his party’s decision to bar Ali Rustam from contesting the deputy presidency because of alleged involvement in vote-buying.

“Mohd Ali can appeal to the Registrar of Societies to put a stop to the Elections if he is unlawfully deprived of his eligibility for office. At the very least, his appeal against his punishment needs to be heard before the party elections commence next week,” said Razaliegh in his latest blog posting.

“I do not see how they may bar him from contesting so long as he remains a member of the Party. The Societies Act defines the “eligibility to hold office in the committee or governing body of the society,” along with the right to vote, as a constitutional right of every member.

“The disciplinary board can remove certain privileges but not rights provided by the Constitution. Umno’s constitution cannot be interpreted contrary to the Societies Act.”A purge most foul

Accusations have already been levelled at incoming president Najib Abdul Razak for attempting the bold purge against leaders aligned to outgoing president Abdullah Ahmad Badawi. A warning letter was also issued to Abdullah’s son-in-law Khairy Jamaluddin, the MP for Rembau.

But what has outraged Umno members most is the cavalier treatment of Ali Rustam, a veteran rank-and-file leader and a known Abdullah loyalist with immense grassroots support.

The shock suspension comes just about a week before the much-anticipated election, leading members to scoff at Najib’s explanation that the move was part of a grand plan to reform and rid Umno of corruption.

“Umno’s leadership should be mindful of the fact that the party of Merdeka is now almost universally viewed as corrupt beyond redemption. Yet they talk of reform and transparency, and by their actions promise “not under their watch,” Razaleigh said.

Ali Rustam, who has protested his innocence, has appealed to the Umno supreme council but it is unclear if the 25-member decision-making organ can review his case in time before the annual meeting begins on Mar 25.

“Bribery always involves at least two parties. The disciplinary board has found that Mohd Ali was involved in political bribery through his agents. However has the board also investigated every member alleged to have received those bribes?

“Money is often passed out for further distribution. Has the board traced the entire trail of inducements, monetary or in kind, identified every culpable participant, and suspended his membership? If not, the tainted votes of those participants will taint the entire party elections.”

Why haven’t the cases been referred to the MACC?

Razaleigh, who is also Gua Musang MP and a former finance minister, also took his party to task for not reporting the alleged corruption cases to the Malaysian Anti-Corruption Commission.

“The MACC was properly instituted by an Umno-led government. It was not designed to used only against the Opposition and members of the public.

“The disciplinary board has gathered enough evidence of Dato’ Seri Mohd Ali Rustam, Mr Khairy Jamaluddin, and eight other individuals being involved in “money politics” to mete out punishments ranging from suspensions to a warning.

“But money politics is nothing but a euphemism for political bribery, and political bribery is a crime covered by the Penal Code. If you know of a crime but do not report it, you become an accomplice to the crime.”

A day ago, KeADILan Youth chief Shamsul Iskandar Akin lodged a report against Ali Rustam at the Malacca MACC office. He challenged the graft-buster to take action.

“It is a clear-cut case. All the evidence is with the Umno disciplinary board, which has already convicted their own member, Ali Rustam. So what’s the problem for MACC ? All they need to do is to ask the disciplinary board for the evidence, unless of course, they are afraid to antagonise Umno,” said Shamsul.

The disciplinary board barred Dato’ Seri Mohd Ali Rustam from elections without suspending him from the Party. However I do not see how they may bar him from contesting so long as he remains a member of the Party. The Societies Act defines the “eligibility to hold office in the committee or governing body of the society,” along with the right to vote, as a constitutional right of every member. The disciplinary board can remove certain privileges but not rights provided by the Constitution. Umno’s constitution cannot be interpreted contrary to the Societies Act.

So long as Mohd Ali remains a member, it is just as wrong to deprive him of his candidacy as to deprive him of his right to vote.

Datuk Norza, who is being investigated by the MACC, is still a candidate. What holds for Norza holds for Mohd Ali too. Members may not be barred from contesting.

Mohd Ali can appeal to the Registrar of Societies to put a stop to the Elections if he is unlawfully deprived of his eligibility for office. At the very least, his appeal against his punishment needs to be heard before the party elections commence next week.

2) Elections to be legitimate, must be fair

Bribery always involves at least two parties. The disciplinary board has found that Mohd Ali was involved in political bribery through his agents. However has the board also investigated every member alleged to have received those bribes?

Money is often passed out for further distribution. Has the board traced the entire trail of inducements, monetary or in kind, identified every culpable participant, and suspended his membership? If not, the tainted votes of those participants will taint the entire party elections. Again, the properly resourced and properly independent agency to do this is the MACC, not the disciplinary board.

So long as no thorough investigation by an independent agency has been conducted, there remains a real likelihood that the party elections will be tainted by corruption, and hence illegitimate.

3) Corruption is a criminal matter

The MACC was properly instituted by an Umno-led government. It was not designed to used only against the Opposition and members of the public.

The disciplinary board has gathered enough evidence of Dato’ Seri Mohd Ali Rustam, Mr Khairy Jamaluddin, and eight other individuals being involved in “money politics” to mete out punishments ranging from suspensions to a warning.

But money politics is nothing but a euphemism for political bribery, and political bribery is a crime covered by the Penal Code. If you know of a crime but do not report it, you become an accomplice to the crime.

Similarly, if the Disciplinary Board has found Mohd Ali guilty of bribery, direct or indirect, it is legally required to report him and his agents to the MACC and and to hand over all the evidence it has collected to the MACC and to the Registrar of Societies immediately. If the Board fails to report and submit all the evidence of corruption it has found, it risks making Umno, as a party, accomplice to corruption, in which case the Registrar of Societies is required to act against it.

The disciplinary board is not a replacement for the Courts of Law. Its job is to investigate and punish violations of Umno’s Code of Ethics. If in the process it comes upon legal violations, it must report them. In other words, the board is there to investigate ethics violations and not to provide Umno a managed alternative to legal justice.

I don’t recall Parliament having passed an Act to exempt Umno from the laws of the land. It’s not as if there is a misdemeanour of “money politics” for Umno, and “corrupt practices” for everyone else.

Corruption is a cancer eating through the bones of our society. It is a crime whose victims are the unseen people it steals from, the fair processes it subverts and the institutions it destroys. It takes from the weak to give to the strong. It perverts justice, erodes trust and chokes idealism. It is destroying Malaysia. If Umno closes an eye to it, Umno makes itself the enemy of the Malays, their corruptor rather than their champion. There is no chance of our tackling this pestilence if our actions suggest that corruption is ok for some people some of the time.

Umno’s leadership should be mindful of the fact that the party of Merdeka is now almost universally viewed as corrupt beyond redemption. Yet they talk of reform and transparency, and by their actions promise “not under their watch.”

This is the lament of Tengku Tan Sri Ahmad Rithaudeen, chairman of the Umno disciplinary board, for disciplinary action meted out to Umno members.

But shouldn’t the Umno board also be damned for being able to take action only against 15 Umno members, when the number should be in hundreds as UMNO is “awash” with money politics and corruption in the Umno party elections, running into hundreds of millions of ringgit.

This is the question I posed in Parliament this morning during the 2008 Supplementary estimates committee stage debate on the Education Ministry.

I started my speech by reminding the House that there had been various proposals that anti-corruption should be made part of the school syllabus to bring up a new generation of Malaysians who develop a strong antagonism towards corruption and who could distinguish between right and wrong on issues of integrity.

The question being asked today, not only among Malaysians at large, but even among thinking school-children, is best captured by the theme of the Malaysiakini email column today: ‘Why is Ali Rustam still Malacca CM?’ – “A ‘corrupt practice’ is an act of corruption, period. Yet, this Ali Rustam is allowed to remain an Umno member and chief minister of Malacca.”

The Education Minister, who is UMNO Youth leader, Datuk Seri Hishammuddin Hussein has said that there is no need for Ali to resign as Malacca Chief Minister.

Do we have a young generation of Malaysians in the schools who could distinguish between right and wrong and can think for themselves that the Education Minister is wrong in this regard?

Will they be able to see the validity of the stand taken by the UMNO MP for Gua Musang Tengku Razaleigh Hamzah as reported in the Utusan Malaysia report “Gantung jawatan parti - Ku Li”:

SEREMBAN: D. Kasturi was to have married a policeman on Saturday. But yesterday, she was found brutally murdered, with two of her fingers severed.

Her father, poultry wholesaler M. Doraisamy, 52, was also found slashed to death in their Taman Tunku Ampuan Najihah, Senawang, home.

Police suspect jealousy as the motive for the killing.

Doraisamy and Kasturi, 23, were found sprawled in blood by her sister Kogilavani in separate rooms on the second floor of their double-storey terrace house about 12.40pm.

Doraisamy was found with slash wounds on his neck and his right hand was almost severed. Kasturi, a clerk, had head injuries. Two fingers of her right hand had been severed. State deputy police chief Datuk Abdul Manan Md Hasan said neighbours said they heard screams about 3.50am. However, no one contacted the police.

"About 12.40pm, Kasturi's sister arrived from Kuala Lumpur to help with the wedding preparations. She suspected something was wrong when she found the front gate and door of the house unlocked.

"She then saw blood stains inside the house, and when she went upstairs, she found her father and sister lying dead in separate rooms. She alerted the neighbours and the police," he said.

Abdul Manan said nothing had been taken from the house, leading police to suspect the motive could be jealousy.

"We urge the public to contact the nearest police station if they have any information."

It is learnt that police are looking for Kasturi's ex-boyfriend to assist in investigations.

Speculation about Fairus' resignation began to surface yesterday when an anonymous text message was circulated saying that Datuk Seri Anwar Ibrahim had called for Fairus to step down over allegations of abuse of power.

Despite the global economic crisis, Malaysia is picking itself up and moving on with aid of the RM60 billion mini-Budget, the biggest stimulus package in its history, writes NAJIB RAZAK.

AS the Group of 20 leaders prepare to meet in London early next month, they face an unprecedented challenge. The global economy is likely to shrink this year for the first time since World War 2.

The World Bank predicts that during this year, world trade is likely to record its largest decline in 80 years, with the sharpest losses in East Asia.

Malaysia is one of the most trade-based economies in the world.

Our ratio of foreign trade to gross domestic product exceeds 200 per cent, the highest of any economy except Hong Kong and Singapore. We have prospered by recognising the power of trade and the value of markets.

But this embrace has been pragmatic, not ideological. It has always been complemented by our recognition that government, too, has a critical role to play.

The global economic crisis has demonstrated anew that relying on the behaviour of markets alone is insufficient to promote stable, long-term economic development. When economic crises hit, one has a choice.

Those steering national economies can either stand aside or use public capital to take the place of private capital that has gone into hiding, thereby investing in the country's human capital.

In the short term, this kind of action provides jobs and opportunities. In the long run, it provides the foundations for recovery.

Stimulus packages should not be about resorting to popular policies or handing out cash. And they should not target one group or area, but benefit the whole country. It is about achieving maximum impact.

With the global economic crisis still unfolding, we have focused on boosting investment and credit flows while providing government guarantees and infrastructure expansion.

Foreign investment in Malaysia is expected to fall by 50 per cent to RM26 billion this year.

That means we must either respond domestically, or allow our country to waste precious years during which we should be working to build a better society.

That is why on Nov 4, I announced a first stimulus package of RM7 billion.

And why on March 10, I announced a historic second stimulus and mini-Budget of RM60 billion.

Accounting for nine per cent of Malaysia's gross domestic product, the second package is the biggest stimulus package in our history.

Some may say this is too much. But with our low foreign debt, large international reserves and ample banking sector liquidity, we have the capacity to fund it.

Given the magnitude of the still evolving global crisis, I am convinced the risk isn't that we do too much, but that we don't do enough.

We know that ultimately, the world will recover, and normal trade levels will resume. When it does, we want Malaysia to be best positioned to take advantage of that recovery.

That is why we have decided to balance short-term requirements with building for the future.

The mini-Budget is designed to provide a quarter of the stimulus funds as a boost to meet the people's immediate needs, with the remaining 75 per cent for medium- and long-term development goals.

It is vital for countries to remain competitive. Malaysia's corporate tax of 25 per cent is comparable with others in the region.

However, taking into account the many incentives offered to investors, the country's effective tax rate is between three per cent and seven per cent.

Efficient implementation is vital in the success of any country's stimulus package.

We have set up a technical committee to monitor the implementation of ours. It will meet regularly and report to a steering committee that I will chair.

I will then report to the ultimate beneficiaries of the effort, the people. They are the appropriate judges of the mini-Budget's success.

In Malaysia, we learned fundamental lessons from the 1997 financial crisis. Our financial sector and corporations realigned as a result.

We are fortunate today to have good national infrastructure, technical know-how, a diversified economy and a quality workforce.

Overall, post-1997 we are far better placed to weather this new storm. Yet in the long run, further transformation of the Malaysian economy is needed.

We will use the current downturn to forge a new economic model that puts knowledge first.

We will invest in education and technology, further strengthening Malaysia's capacity to lead in information technologies, renewable energy and emerging sectors of the new economy.

Our goal is to harness the talent, energy and drive of all of our people.

We will be aided in our efforts to provide lasting prosperity by working to spread mutual tolerance and respect between genders, cultures, races, religions and nations.

We will champion inclusiveness not just because it is a foundation for political stability and economic growth, but because it is right.

As a nation in a hurry, with millions dependent on its development and progress, Ma-laysia is picking itself up and moving on. We are remaking Malaysia once again.

When the G20 leaders meet next month, I hope others will take similar positions. It is time to turn words into deeds.

The world's economic recovery will depend on concerted and coordinated efforts by economies large and small, and we in Malaysia will play our part.

* Datuk Seri Najib Razak is deputy prime minister. This article first appeared in the 'Wall Street Journal'

PETALING JAYA, 18 March 2009: The MCA considers the sedition charge against Karpal Singh to be selective in nature and wants the Attorney-General to drop it.

The party’s political education bureau head, Gan Ping Sieu, said the MCA was of the view that Karpal’s difference of opinion with the Sultan of Perak, Sultan Azlan Shah, did not amount to sedition.

Gan said the Sultan did enjoy discretionary power under Article 18(2) of the Perak state constitution in withholding his consent to a request for a dissolution of the state assembly.

On that point, the MCA disagreed with Karpal, who is the DAP national chairperson, for questioning the discretionary power of the sultan.

However, Gan noted that the legality of the sultan’s decision was a different matter.

“The MCA’s view is that the legality of the sultan’s decision can be questioned in a court of law. Whether the sultan’s decision is justiciable is a question of law that must be determined through the judicial process.

“Therefore, any statement disagreeing with, or in doubt of the legality of any decision by His Royal Highness, cannot be, on its own, be regarded as seditious in nature,” Gan said in a statement issued today.

Karpal had threatened to sue Sultan Azlan Shah specifically over the removal of Menteri Besar Datuk Seri Nizar Jamaluddin, and not over the ruler’s decision not to dissolve the assembly. There is no provision in the state constitution that allows the sultan to sack the menteri besar.

Gan noted that seditious remarks have been made by other politicians but they were never charged under the Act.

Gan cited the police reports lodged by MCA Penang against Bukit Bendera Umno chief Datuk Ahmad Ismail on his “pendatang” and “penumpang” remarks. Other than being suspended by his party, no other action has been taken.

As such, Gan said the charges against Karpal appeared to be selective and raised doubts about the impartiality of the Attorney-General’s Chambers.

“The proprietary to charge YB Karpal Singh is questionable and would only convey the perception of selective prosecution. The Attorney General must reconsider his decision.

“We are profoundly concerned that his decision to charge Karpal with Section 4(1)(b) of the Sedition Act 1948 may bring disrepute to his office,” Gan said.

The MCA also considers the Sedition Act to be an archaic law that no longer benefited modern society.

“The laws attract criticisms and may even be seen as a repressive instrument. Its inconsistent applications speak for itself. There is pressing need for the government to review and make necessary amendments to the Act, including establishing a better mechanism that commands public confidence and lay down specific criteria to determine its application from time to time,” Gan said.

It’s kinda strange for Najib to take such a front and center role in the Ali Rustam controversy.

On the one hand, he could be trying to show his strength, but on the other, is that wise, seeing that he hasn’t quite crossed the finish line yet?

Throwing your weight around is a bit more iffy if that weight has only been promised, and not quite delivered. If I were some of the aggrieved parties of late (Norza, Azalina, Ali Rustam, plus all their allies), I’d be plotting quite seriously against Najib, whose position may not *quite* be as assured as he and his may like to think.

This clampdown and persecution seems quite all around. We see the action against Karpal and son, we see the charges laid against internet commentators, and of course all this selective targetting of Umno personages with a particular political slant.

Each of these stink of selective targetting, and abuse of very badly worded laws that allow for a very wide latitude of harassment (the internet law used makes it illegal to write anything “”disturbing”" :| ). Even the Umno disciplinary board is deluding itself if it thinks anyone with half a brain will see their actions as anything but superbly biased and inconsistent.

There is also some interesting legal questions Ku Li brings up, about the technical inability of the disciplinary board to bar Ali Rustam from contesting. On the flip side, we must also demand an answer as to why the MACC and police are not acting on these corruption findings. I think someone said “No report mah, cannot act,” which of course is complete, utter bullshit - think of the bulls and cars involved with the Selangor MB.

If this is what Najib is willing to do to consolidate his position (and let’s not forget the Perak shennanigans) even before he ascends, what can we expect of him after he ascends?

People talk of things like Ops Lalang 2 and such, which would not be surprising; neither would more devious, subtle and insidious methods.

The strategy seems to be to capture as much ‘political goods’ by hook or by crook (mostly crook) and then worry about electoral reprecussions later.

If he and his continue on this warpath, it will only be a matter of time before they get to the rest of us.

But we will not be cowered. The pursuit of truth and justice continues despite all, and we will weather whatever persecution they want to throw at us.

In the meantime, let’s watch and see whether the Umno elements under assault will grow a pair and fight back, or whether they’ll let their new king just walk all over them and banish them into the wilderness.

PUTRAJAYA, 19 Mac (Bernama) -- There are no elements of sabotage or scapegoat in the Umno Disciplinary Board's action on party vice-president Datuk Seri Mohd Ali Rustam for involvement in money politics, Datuk Seri Najib Tun Razak said today.

The Umno deputy president said the board acted based on information and Mohd Ali was not made a scapegoat in the party's efforts to fight money politics.

"We cannot question the Disciplinary Board's intention and must place our confidence in it if we want to clean up Umno," he told reporters after launching the Inland Revenue Board's electronic service campaign here.

Najib was asked to comment on reports that some members had questioned the credibility of the board and also political talk on the possibility of sabotage and on Mohd Ali being made a scapegoat.

He said the board was set up as a result of a special conference and its members were appointed by the party.

The board announced Tuesday that 15 of the 29 Umno members investigated had been found guilty of involvement in money politics.

Mohd Ali, who is an Umno vice-president, was found guilty because three of his agents had indulged in money politics and was banned from contesting the deputy presidency in the party elections next week.

Asked whether the government's decision to retain Mohd Ali as Melaka chief minister would send the wrong message to the public that a "corrupt" leader could still lead the state government, Najib said:

"The facts in his case are different in that the work (money politics) was done by certain people. Because this is based on facts, the Disciplinary Board decided that he could hold the post."

Asked to comment on former prime minister Datuk Seri Dr Mahathir Mohamad's statement that the appeals of those found guilty by the board should not be entertained to show that Umno was serious about fighting money politics, he said Umno could not deny them their right of appeal and it was up to the Appeal Board to decide.

On the confusion among some members over the fact that some members were charged in court for money politics while others who were found guilty by the board were only given a warning and could still contest in the party election, he said: "That is the Disciplinary Board's consideration. It is independent. We won't interfere."

KUALA LUMPUR, March 18 - Datuk Zaid Ibrahim has made an impassioned plea to the King to not appoint Datuk Seri Najib Razak as prime minister, and instead appoint someone else from Umno "to bring us back from the brink."

The former de facto law minister urged the King to used his judgment to appoint as PM someone who is "beyond reproach in his dealings both official and private," in a scathing attack on his former Cabinet and party colleague.

"A prime minister must have the confidence of the majority of the rakyat…For this to be the case there cannot be anything in the mind of the greater public that, correctly or otherwise, associates him with matters of criminality, wrongful action, improper conduct or abuses of power," he said in a speech to the Rotary Club here today.

Zaid's remarks will certainly put pressure on Najib as he prepares to take power first as Umno president next week before taking over from Datuk Seri Abdullah Badawi as prime minister the following week.

The former minister's comments also come a day after Tun Dr Mahathir Mohamad also piled on the pressure on Najib by saying he did not shine as a deputy prime minister and acknowledging the baggage he carries into the job.

In his speech, Zaid also made reference to what has been described as the kind of baggage that no other Malaysian leader had on entering office.

He has been linked on the internet and by political rivals to the brutal murder of Altantuya Shaariibuu although he has firmly denied involvement and there is no evidence to tie him to the death.

Najib's popularity rating also stands at just 41 per cent, according to a recent poll by the independent Merdeka Centre.

Zaid said that while he did not intend any accusation, he felt that Najib was not beyond reproach in the collective mind of the rakyat.

"The rakyat has doubts, fuelled by the unanswered allegations against him. It is not a mere trifle in the minds of the rakyat that despite a direct challenge from a member of parliament recently, the deputy prime minister remained silent," he said.

Zaid also cited the RM400 million in commissions reportedly paid by the Defence Ministry while Najib was minister for the procurement of submarines, and pointed out that Abdul Razak Baginda, the DPM's friend was an agent in the deal.

The Altantuya murder was also cited by Zaid, who pointed out that there were many unanswered questions which the public deserved to be told about.

He also described the recent power grab in Perak as an unmitigated disaster.

"They (the public) now equate him with the high-handed tactics that were employed to seize power.

"With all of this and more, how are we not to feel anxious? How are we to sleep peacefully at night?"

Zaid said that while the King is required under the Constitution to appoint the person who commands the confidence of the majority of the members of parliament, it is a matter for His Majesty's judgment.

"There is no constitutional obligation on His Majesty to appoint the president of Umno as the prime minister.

"There are still well qualified members of parliament from Umno who can be appointed PM to bring us back from the brink."

…Paari, who is MIC presdident Datuk Seri S. Samy Vellu’s son, said he had funded Sujatha to pursue her diploma and masters in commerce….

…Paari also said he paid RM220,000 in cash for the condominium unit where Sujatha had stayed and stood as a guarantor for a bank loan amounting to RM200,000.

Paari added he also stood as a guarantor for a loan on the Mazda RX8 used by Sujatha. “I also had stood as guarantor for four to five of my staff,” he added….

He also said that besides Sujatha and her brothers’ education, he had also supported the staff at Maika and Tamil Nesan pursue their education locally and overseas.

“I had assisted in their medical bills, even paid downpayments for their houses,” he added.

He said Sujatha also had assisted him in overseeing his business interests in India and Australia….

Where does Vellpaari got all this Money from ? Cash RM200,000 for a Condominium for his Secretary in Maika Holdings. Does a Secretary qualified for such perks ? I don’t think any Maika Holdings Directors had enjoyed such OFFICIAL perk. So, where does Vell paari got the cash to purchase Condominium.. Maika’s or Personal. If Maika’s how and why? If personal how does he can poses such cash ?

He too admitted sponsoring Sujatha up to Master Degree and her brother’s Education in Australia. So, what so special about them.. thousands of qualified Indians cann’t even get a Single dollar Education Loan from MIC or it’s Education Arm.

Come on Man.. Special Medical treatment for Sujatha at Private Hospitals in Kuala Lumpur and India , Condominium , Education support, sports car and luxury car for her borther . Why ? And Importantly all from Hard Earn Maika’s Holdings Shareholders money. Father promise excellent return and upliftment of Indian Community within years but Sons spending them lavishly on a Woman and her brother for no reason or simply she is his secretary without any special relationship. SUPERBBB

Millions of Estate labourer pawned their jewelleries , sold their cattles and lands just for the sake of Community upliftment , and the return is Condominiums for Secretaries . That’s for secretary, so what does Founders, Chairman, CEO and Directors got ?

The dirts swept under the carpet by Police , Anti Corruption authorities and Samy vellu family now had accumulate so heavily until the carpet moved up metres above floor. What else they are waiting for .. go MACC go and dig the dirts for the long buried proofs needed.

It’s not only proofs of wrong doing, and Sujatha’s life but Life of Thousands of Malaysian Indians whom loss lifes for listening to Samyvelu .Under the carpet lies Billions of Dollars of OPPORTUNITY loss by Malaysian in genaral and INDIANS in particular.

KUALA LUMPUR, March 18 — The Umno Disciplinary Board today emphasised that there were no favouritism or political conspiracy, in them deciding some members were guilty of breaching party ethics.

Its chairman, Tengku Tan Sri Ahmad Rithauddeen Tengku Ismail said the board took a serious view of the public perception on the matter because there were allegations that the decision made was inaccurate or involved political conspiracy.

“I wish to clarify that all decisions made were based on evidence available on the cases being heard, statements obtained during investigation and the hearing, not based on wild allegations or hearsay,” he said in a statement here.

He said although the Disciplinary Board was not a court of law, elements of natural justice and punishment based on facts and testimonies had always been upheld by its members in arriving at a decision.

“As such, the question of favouritism or political conspiracy does not arise as alleged by certain quarters,” he said.

Tengku Ahmad Rithauddeen said members of the Umno Disciplinary Board comprised retired politicians with no vested interest in party positions.

“They brook no inteference from higher political power. The Board has done and will do its job without fear or favour,” he said.

He also said the Board did not have the power like the police or the Malaysian Anti-Corruption Commission (MACC) and could not force witnesses to come forward to give evidence.

That was why certain cases sometimes could not be settled quickly and if a particular case was decided upon hastily without enough evidence, the Disciplinary Board would face criticisms from Umno members and the public.

“In fact, the people are always second guessing us. We are damned if we do, and damned if we don’t!” he added. — Bernama

KUALA LUMPUR, March 18 — The police have issued a notice to the former boyfriend of Bukit Lanjan state assemblywoman, Elizabeth Wong, to assist in the probe on the dissemination of Wong’s nude photographs in the Internet.

Kuala Lumpur Police Chief Datuk Wira Muhammad Sabtu Osman said the Section 111 Criminal Procedure Code notice was served through the father of the former boyfriend, known only as Helmi.

“Last week, the police took a statement from Helmi’s father at the Kuala Lumpur police headquarters and we also served the notice through his father.

“We want Helmi to come forward and give a statement to the police to help solve the case,” he told reporters after officiating the closing of Kuala Lumpur Police Volunteer Corps Disaster and Crisis Management Course today.

He, however, refused to elaborate on the duration given to Helmi to give his statement to the police.

“The duration will depend on the police. I cannot reveal full information on the case as it would disrupt the investigation.

“The police also believe that Helmi is still in Indonesia,” he said.

When asked why the police did not issue a warrant of arrest against Helmi or seek the Interpol’s help to locate the man, Muhammad Sabtu said that the man was only called to facilitate investigations.

“He is not wanted. We only want him to give a statement,” he explained.

So far, 20 people including reporters have been called to give statements in connection with the case. — Bernama

I have just received information that Waythamoorthy is now in the Operating theatre. I believe that with the care he will get there, he should come out better after the surgery.

When someone has such a strong sense of purpose, like Waythamoorthy , these episodes can only temporarily slow them down. But, take my word, Waythamoorthy will come bouncing back shortly, better and more energetic after the surgery.

He and Uthayakumar have opened new chapters in so many of our lives. We owe them great gratitude. The truth they brought out has created a sea change in our country. In fact all that is happening today,I daresay, was precipitated by them. It was certainly brewing for a long time, but it was they who crytallised it.

(Suara keADILan) - Amnesty International has condemned the Malaysian government for persecuting and charging six people for allegedly insulting Sultan Azlan Shah of Perak.

“This development is a serious blow to the freedom of expression in Malaysia,” said Amnesty International Asia Pacific director Sam Zarifi.

“For a country that claims to be on the cutting edge of communications technology, this is a very troubling step backward.”

Last week, the government invoked for the first time in history Section 233 of the Multimedia and Communications Act 1998 against bloggers who did not toe the line. In a nation-wide crackdown, six men were charged on Friday. One pleaded gulity, while the rest claimed trial.

Clampdown on cyberspace expected to continue

As the power transition approaches, incoming prime minister Najib Abdul Razak and his camp are going all out to secure their turf and near the top of their list is a clampdown on cyberspace, where their unpopularity is so extensive it has become a major security priority.

Lab assistant Azrin Mohd Zain was found guilty and fined RM10,000 for “unwise use of network or network services for making comments, demands, suggestions or communication which are vulgar, false, threatening or disturbing”.

Another e-surfer in Kuala Lumpur, Muslim Ahmad, claimed trial and was released on a RM3,000 bail. His case will be heard on Apr 8, and if found guilty, he can be fined up to RM50,000 and/or jailed for up to one year.

In Petaling Jaya, land surveyor Nor Hisham Osman also pleaded not guilty and was released on RM4,000 bail. His case will be heard on Apr 14.

It was the same for handphone dealer Rutinin Suhaiman in Kota Kinabalu and Chan Hon Keong and Khoo Hui Shuang, both from Butterworth. All three pleaded not guilty.

Said Amnesty International’s Zarifi: “The Internet was one of the few avenues available for Malaysians to express their views relatively freely and now it looks like the government will extend its restrictions on free press to the web.”

If Zaid Ibrahim is prepared to spearhead a People’s Movement with a view that it would be a platform for a new ‘People’s Party’ -- whether registered or otherwise -- then we must give him our support to enable this new ‘informal’ party to flourish.

NO HOLDS BARRED

Raja Petra Kamarudin

First read this piece that I picked up from YB Lim Kit Siang’s Blog:

BTN communal poison again

Yesterday, I received an indignant email from a recent participant in the course of the Biro Tata Negara (BTN) -- funded by taxpayers but acting as the propaganda arm of UMNO -- pumping communal poison instead of spreading the message of national unity.

Despite criticisms against the BTN, both in and out of Parliament, invariably followed by denials by the Minister or Deputy Minister concerned, it is clear from this email that BTN has not changed one whit its irresponsible ways.

I read out the complaints in the email in Parliament yesterday during the debate on the 2008 Supplementary Estimates, viz:

Their purpose is to convey THEIR Message to us but I think they are absolutely wrong. It made us more irritable towards BN government and make us more stronger to vote opposition.

Here are their messages:

(1) Kontrak sosial about Kerakyatan and Hak Istimewa Orang Melayu

Effects: Non-Malays should appreciate and cannot expect more. They use Malay toleransi us and also “Terhutang Budi terhadap mereka”.

(2) The country is not safe after 308. The government is not strong enough to maintain the safety. The oppositions is creating chaos in the country. They give a lot of examples. If we continues like this, it might explode another 513 or war in Malaysia like in Iraq. They show us the pictures and videos of Iraq. Therefore we need to vote BN for the peace.

(3) To protect Islam and Malay special rights Malays have to bersepadu for Ketuanan Melayu.

(4) Indians and Chinese contribute nothing to this country. It is the non-Malays who wants to join the Pakatan that time and we beg for that. Throughout the course they only emphasize on Malay’s contribution and say nothing on non-Malays.

(5) Their perpaduan means Ketuanan Malay and never sama rata because they said this is according to Kontrak Sosial. They conducted every facts on Chinese Malay and Indian and not mentioning Malaysian.

(6) They claim oppositions is a spy from America and going to attack Malaysia soon.

In allowing BTN to continue such communal poison in its courses, Umno and the other Barisan Nasional component parties are proving in Parliament, the Cabinet, and to Malaysians at large, that they continue to be blind, deaf and mute to the message of the March 2008 general election for reform and that they deserve further punishment by the Malaysian electorate.

I have not edited the contents of the above e-mail to Lim Kit Siang in spite of quite a few grammatical errors as I thought it would be better if I reproduce it as it is rather than be accused of ‘doctoring’ it. Anyway, the message is clear enough, grammatical errors notwithstanding.

The point is, BTN is, and always has been, the propaganda unit of the government. It’s job is to brainwash Malays into believing that the non-Malays want to rob the Malays of their rights, the opposition leaders are all traitors who works for foreign governments, Anwar Ibrahim is an American stooge and a homosexual to boot, liberal Malays are Muslim deviants who have distorted Islamic teachings, the Christians want to mislead Muslims and get them to leave Islam, and whatnot.

The BTN is a government body. Therefore, the Malaysian taxpayers are paying for its running cost. And, according to Tun Dr Mahathir Mohamad, the non-Malays are paying 90% of the personal income tax, in particular the Chinese. This is what the ex-Prime Minister said and I assume, since he was Prime Minister of this country for 22 years, he must know what he is talking about.

Imagine the Chinese paying for the cost to upkeep something that is used to demonise them? I suppose at this point of my article most of you are expecting me to scream ‘Cina bodoh’! Yes, it is tempting to do that. But I really don’t blame the Chinese. I mean, Malays too pay billions of Ringgit of their hard-earned money to the religious department in the form of zakat, and this money is also misused and squandered. The Malays are only doing what they thought was their religious duty and what God ordered. How do they know the so-called trustees of Islam are screwing them and their money?

So, would I be correct in screaming ‘Melayu bodoh’? Hey, they were just doing their religious duty. How would they know they are being conned by the Malaysian government? In that same spirit, the Chinese also have no choice but to pay their taxes. If not, they would end up in court. So, how can I scream ‘Cina bodoh’ even if they are? Anyway, even if you do not pay personal income tax, you still pay taxes in other ways. Everything in Malaysia is taxable. And that money too goes to the government and is misused.

We, the Malaysian rakyat, pay tax. So we have a right in determining what the government does with our money. We can’t avoid paying tax even if we wanted to -- unless we live in the jungle and live off the land. Then, if we do not earn money and do not spend money, we would be exempted from paying tax. (Hey, that’s an idea. Maybe I will go live in the jungle and save myself from paying taxes. Gunung Tahan, here I come!).

Okay, let’s get serious. The government works for us. We are paying them to serve us. We, the Malaysian rakyat cum taxpayer, are the bosses. It is Ketuanan Rakyat, not Ketuanan Melayu. The fucking exponents of Ketuanan Melayu do not pay tax. They live off the taxpayers. They receive money. The Chinese pay money, 90% of it, according to Dr Mahathir, and this money goes to those who scream ‘Ketuanan Melayu’.

It is time we taught the government who’s the boss. We are the boss, not the government, not the Ketuanan Melayu slime-balls and scumbags. The Ketuanan Melayu slime-balls and scumbags are robbing the nation -- money that we, the taxpayers, the rakyat, are paying the government.

It is time we taught the government the meaning of People’s Power, Kuasa Rakyat, Makhal Sakhti, Ren Quan. Call it by whatever name (in Iban, Dayak, Bugis, Kadazan, Bajau, Dusun, etc., language) the meaning is the same. It means: we, the people, call the shots.

Enough wastage of public funds! Enough corruption and abuse of power! Enough persecution, discrimination, oppression and selective prosecution! Enough racism! We must stop this rot. And only the rakyat can do this. The politicians, both sides of the political divide, appear to have failed us.

The economy is crumbling. By year-end about one million Malaysians will be unemployed. The government quotes figures of only 50,000. Bullshit! It is going to be more than that -- much, much more. As it is now, the unemployment rate is already more than 100,000. However, instead of focusing on the economy, they spend all their time over a hapless tree in Ipoh. Talk about fiddling while Rome burns.

I am proposing that Zaid Ibrahim spearheads a new political movement. Never mind if the government will not allow the new movement to get registered into a political party. The movement does not need to be a registered political party. After all, Pakatan Rakyat is not registered either. So what’s the difference?

The new political movement -- registered or otherwise -- must be people-centred. It must be people-oriented. It must be about People’s Power, Kuasa Rakyat, Makhal Sakhti, Ren Quan! It must be about bringing reforms to Malaysia. Let the Manifesto be the People’s Declaration that was launched and accepted by seven political parties back in February 2008, three of these parties from Pakatan Rakyat. We do not need to invent another manifesto. Why the need to re-invent the wheel when the present one already works fine?

The agenda of the new movement must be to abolish all repressive laws -- and there are many in Malaysia. We must introduce new laws such as the Anti-Race Act, Freedom of Information Act, Bill of Rights, and much more. We must set up an Ombudsman that is headed by people with the characteristics and reputation of Ghandi and Mother Teresa both rolled into one. The Police Force Commission, Judicial Commission, Human Rights Commission, Anti-Corruption Commission and whatnot, must be totally independent and headed by personalities such as those heading the Ombudsman, people with an unblemished and squeaky-clean record.

We must have a People’s Parliament. While the Parliamentarians are elected during the general election, the Senate must function as it was originally intended, as a ‘second-layer’ Parliament. The Senators must come from the rakyat, not from the political parties, like now. The Senators must be representatives from the various councils, organisations, movements, societies, associations, and even from the Blogging community and whatever.

The Senate must have the power to review all bills and laws introduced and passed by Parliament. And whatever is not acceptable will be sent back to Parliament, unsigned and unapproved. Parliament will then have to debate these bills and laws again until they get it right and the Senate is happy with them.

Another possibility would be for 10% of the seats in Parliament to be reserved for the minority groups. We will have to determine who these minority groups are, but the objective is to ensure that there would be no way any one party can have hegemony in Parliament. If there are 222 seats in Parliament, then another 20 seats must be given to the minority group. So we shall have 222 Parliamentarians representing their constituencies and another 20 representing minority interests.

Okay, the arithmetic and mechanics need to be worked out. But the long and short of it would be only 90% of the seats in Parliament will be under the control of political parties. The balance 10% would go to representatives of minority interests who hold no political affiliations or sit in any political party. These would be the ‘direct’ rakyat’s representatives -- a sort of ‘People’s Parliamentarian’. They would therefore not have to vote along party lines since they hold no political party position.

Yes, there are many reforms required and much that can be done to reform the system. We need to think outside the box and break away from tradition. Forget about what we have been doing these last 52 years. The system sucks and we are seeing it break down. Get out of the rut of the traditional system and venture into new territory. Why do we need to do what is normally done? Why can’t we do new things even if they may appear unorthodox?

We talk about democracy and democratically elected representatives in Parliament. That is bullshit. The 222 Parliamentarians that we now have are not representatives of the people who voted them into office. They represent the political parties that allowed them to contest the seat under its party banner. Their loyalty is not to the voters. It is to the parties they represent. The 222 Parliamentarians are not Wakil Rakyat. They are Wakil Parti.

If Zaid Ibrahim is prepared to spearhead a People’s Movement with a view that it would be a platform for a new ‘People’s Party’ -- whether registered or otherwise -- then we must give him our support to enable this new ‘informal’ party to flourish. That would be our only hope for the future. And that too will be the only hope for People’s Power, Kuasa Rakyat, Makhal Sakhti, Ren Quan to succeed.

Over to you Zaid! I hope you will agree to this People’s Movement and develop it into a People’s Party in time to come. And this new People’s Movement or informal People’s Party can also one day contest the general elections. Whether a three-corner fight will emerge or whether it will be a one-to-one fight depends on Barisan Nasional and Pakatan Rakyat. If they agree to ‘give way’ to this new People’s Party, say 20 Parliament seats and maybe 50 state seats, then it can remain a one-to-one fight. If not, expect a three-corner fight and we will let the rakyat decide whether they want the traditional ‘two-party’ system or they want to see a true People’s Party emerge. The rakyat, after all, are the boss and we are talking about People’s Power, Kuasa Rakyat, Makhal Sakhti, Ren Quan.

I think I baca statement, yang a ada depan saya sekarang ini, -The removal of Perak Menteri Besar, Datuk Seri Haji Nizar bin Jamaluddin, by the Sultan of Perak purportedly pursuant to Article 16 (6) of the Constitution of the State of Perak which is stated there in brackets, is clearly ultra vires the provisions of this article.

In law, the decision of the Sultan of Perak can be questioned in a court of law. As far back as the 12th of May 1977, a strong five men bench of’ the Federal Court ruled that the decision of the Yang Dipertuan Agong to confirm three detention orders under the emergency (Public Order and prevention on crime) Ordinance, 1969 was amenable to judicial review if it was ultra vires the provisions of the federal constitution. The federal court unanimously ruled, although the orders of the detention had been confirmed by the King, that decision was ultra vires Article 1(5)(1)(b) of the Federal Constitution as that confirmation was made outside and beyond the period of three months stipulated in that article.

With that ruling of the federal court which has stood the test of time for 32 years beyond a pale of a doubt, the Sultan of Perak has contravened Article 16 (6) of the Constitutions of the State of Perak.

The Pakatan Rakyat State Government had the mantle of legitimacy it still has. In my view the election commission had through its chairman, Tan Sri Abdul Aziz Mohd Yusof publicly ruled that there was a doubt over the vacancy of the seats of PKR Changkat Jering assemblyman, Mohd Osman Mohd Jailu, and PKR Behrang assemblyman Jamaludin Mohd Razi after the letters submitted by Perak assembly speaker V. Sivakumar in relation to their letters of resignation were conducted or rather contradicted by denials from both these assemblymen. This trigerred the provisions of Article 33 (1) which states [if any question arises whether a member of the Legislative assembly has a been disqualified for membership, the decision of the assembly shall be taken and shall be final]

Therefore for the assembly to decide on the status of these 3, of these assemblymen and not the Sultan of Perak who determine that they remain independent assemblymen despite having submitted undated letters of resignation to the Perak Assembly speaker and therefore with their presence at the Istana and their pledge of allegiance to the Barisan Nasional together with DAP Jelapang assemblywoman, Hee Yit Foong, the Pakatan Rakyat government could no longer hold on to office.

In my view, until such time, the Assembly has invoked the provisions of Article 33 (1) both Mohd Osman Mohd Jailu and Jamaludin Mohd Razi remained PKR assemblymen together with Jelapang assemblywoman Hee Yit Foong, remaining with the DAP until her resignation letter was subjected to determination by the Assembly pursuant to Article 33 (1) thereby causing the Pakatan Rakyat to have 31 members in the assembly of 60 members. It cannot therefore be said that the Sultan of Perak acted intra vires in fact acted ultra vires Article 16 (6) when he determined that Menteri Besar, Nizar Jamaludin had ceased to command the confidence of the majority of the members of the legislative assembly and was therefore required to tender resignation of the executive council over which he presided including his own resignation.

Clearly the Sultan of Perak cannot invoke his powers under Article 16 (1) which states [His Royal Highness shall appoint an. Executive Council] to appoint a Barisan Nasional Executive Council with a new Menteri Besar and a new government. The Government of a Menteri Besar Dato’ Haji Nizar bin Jamaludin still had constitutional supremacy and legitimacy. The actions of the Sultan of Perak are clearly, premature.

I call upon the Sultan to cease and desist from appointing a new Barisan Nasional Menteri Besar and executive council later this afternoon. This in no way should be construe as a threat to the Sultan but on the other hand a firm reminder to him that he is required to act within the parameters and confines of the sacred constitutional document that is the constitution of the State of Perak which is the supreme law of that state.

The following words of Raja Muda of Perak, Raja Dr. Nazrin Shah, during the pledge of loyalty at the special investiture.in conjuction with the silver jubilee celebration of Sultan Azian Shah as the 34th Sultan of Perak at Istana Iskandariah on 3 February 2009 bear repetition. Quote, “The ruler, as the head of state and country needs to be neutral, non-partisan, and free of having personal interest to ensure justice for the people”.

Raja Nazrin also said that the power entrusted by Allah should be discharged with responsibility because he (the Ruler) would be judged in the hereafter. As such he said power must be exercised to implement good practices adding that the Ruler’s nobility and honour, position, and sovereignty do not come automatically.

It is my view that the Pakatan Rakyat Government headed by Nizar Jamaludin should be allowed without any hindrance for any quarter to invoke the provisions of Article 33 (1). It is after this exercise that the intervention of the Sultan of Perak could become if at all necessary.

If the Sultan persists in appointing a Barisan Nasional Executive Council and Menteri Besar, later at 3 pm today, the Pakatan Rakyat will have no alternative but to seek a judicial pronouncement in the interest of the rakyat in Perak. The judicial proceedings will inevitably include the purported new state government. This will, in turn, cause unnecessary apprehension, anxiety and concern which should be averted at all costs.

QUESTIONS AND ANSWERS

Well that is my statement. Are there any question?( inaudible….)Beyond the powers conferred on him under the Constitution of the State of Perak. That he had no right. that he had no right to dismiss the government rather the State Government of MB Nizar Jamaludin. The lawful Government is still the Government, the Pakatan Rakyat government.

(Question from reporter . YB, can you..(unclear)…………)

In fact, I’ve stated very clearly that we will sue the Sultan together with the new State Government as defendants if they persist. If they don’t, this afternoon, if what I said is right, and the Sultan is prepared to accept that, then things are perfectly in order. The old government would still be in power.

In fact, over Article 83 or rather 63 of the Constitution of the State of Perak, We give a copies of it. I’ll read what is that. What the Sultan of Perak can do is this under Article 64 and that states, His Royal Highness may refer to the Federal Court for its decision or rather its opinion any question as to the effect of any provision of this constitution which has a reason or appears to his Royal Highness likely to arise and the Federal Court shall pronounce in open court to his opinion on any question so referred to it. In other words, under Article 64 the Sultan can now refer this question and the question would be whether these 3 assemblymen are still members of the assembly as Pakatan Rakyat assembly, assemblymen.

Because if that is so, and I say that is so until such time as the a State of Assembly decides under Article 33 (1) as to whether they are still qualified to sit in the assembly they remain members of the Pakatan Rakyat.

(Question from reporter ………YB it’s look like the Barisan Nasional new..(unclear)… tomorrow..)Well tomorrow is a holiday, the suit will be filed on Tuesday because Monday is also a holiday. In fact I call upon the Sultan to carefully consider what a he has in fact done. The Sultan has no right to call the 32 members, or assemblymen rather, to the Istana and questioned them one by one as to where their allegiance lay, because that is not within the confines of a what the Sultan could do. That is the a job of the assembly to decide under Article 33 (1). The Sultan cannot usur p the powers of the State Assembly.

In fact, I have cited two cases there, in fact the first case if you all can have a look at it. This is the decision of the 5 member bench of the Federal Court way back in a 1977 May 12. If you look at it, this is what was decided by the Court. Now in this case what has happened was 3 detention orders were confirmed by the Yang DiPertuan Agong. But that confirmation was outside the 3 month period provided for under Article 151 (B) of the Federal Constitution, and this is what the Federal Court a held, its at page 5. It’s marked paragraph 3. Although the note, although the orders of detention in these cases had been confirmed by the King, that decision was ultra vires and could be corrected by the court. So we are saying here that what the Sultan Perak has done is ultra vires the Constitution of the State of Perak and the Court has jurisdiction to a set that right. It’s as simple as that, A very simple constitutional issue.(Question from reporter.. … Sorry YB, could you explain ultra vires in layman terms?

Ultra vires a means a is acting beyond, you don’t have the power to act beyond what the , the, the a you know a Constitution provides. Which is only the assembly can decide on whether assemblymen in view of these letters. Even…. Election Commission said there’s a doubt as to whether the letters were valid. And Article 33 very a clearly states if any question arises with regard to whether an assemblyman’s qualified or not, the decision shall be taken by the assembly. In fact, the a, the a present State Government, the Government which has in fact been dismissed by the Sultan, can convene a meeting even today and I tender Article 33 (1) and determine whether those letters are valid and even assuming the assembly decides that the these 3 are in fact no more a lawfully elected assemblyman then there’s a deadlock. It would mean 28:28. 28 for the Barisan and 28 for the Pakatan Rakyat which means there’s a deadlock, which means then the Sultan of Perak should order a snap election in the State of Perak. He should dissolve the assembly, but he cannot act in the manner he has done.

(Question from reporter ….. Do you think Malaysia is facing a perhaps constitutional crisis?

Well it’s not Malaysia, the State of Perak is. But this could extend to other states, and we wouldn’t want that kind of position. As I said, there’s a way out, way out. The Sultan can act under Article 64. refer this question to the Federal Court vis-a-vis the facts and circumstances of this case. Whether he could act under Article 16 (6) to dismiss the government of a Nizar Jamaludin. As I keep saying our view is that the Government of Nizar Jamaludin, the Pakatan, State Govermnent still is the valid and lawful one.

I’ve tried to make it as clear as I can in the statement I have made. I’m backing up whatever I’m saying by cases, a by the Federal Court and the second case. If I could t..t..t..take it the to you the case of a Fan Yew Teng, this was way back in 1975..if I remember correctly , ya, March 12, 1975..I did this case , in fact. What had happened was the same a constitutional provision came into a , a question, at page 15. Article 53 of the a Federal Constitution states if any question arises whether member of the House in Parliament has become disqualified the decision of the House shall be taken and shall be final. Exactly the same as Article 33 (1) and the court held that a there Fan Yew Teng did not stand disqualified this by way of a conviction, In fact a by-election was called after he was convicted by the High Court. He got an injuction to stop the by- election. The court granted it because it was for the for Parliament to decide whether it’s a result of the conviction he had become disqualified.

(Question from reporter .. . .YB, so. you said that, since now the three have a submitted their resignation to the assembly, so the assembly should have the final say to tell them as they have a mean they are not a valid member of the assembly, so by-election should be held or snap..(unclear)….

Oh.. .oh, a snap election. The Sultan has got no right to intervene. He can’t, under these circumstances I must say. He has certain rights but those rights do not arise under the a present state of the affairs in the state of Perak.(Question from reporter Do you think the resignation letter is still valid because the date was fill…(unclear)….)

Does not matter, let the assembly decide, let the assembly decide. The Sultan cannot decide. He has no power. We are going by the constitution. Sultan is bound by the constitution of the state of peralc. He’s not immune from being taken to the court. But I’ll make it very clear, I got

That, that in fact, it’s unlawful, That, that whoever has stopped him from excluding his duties is ‘committing an offense under the penal code — obstruction of a public servant in the execution of his duty. I hope whoever is doing it realizes what is being done. In fact, a letter has been sent out by the State Secretary to the Menteri Besar and all the actual members of the Pakatan Rakyat Government that they are required to go to the office and collect their personal effects and no other documents. (Cough) You can’t shut out a Menteri Besar who has been lawfully elected from entering his own office. It’s an abuse of power on the part of whoever did it. And I hope he’s prepared for the consequences, and we must make it very clear that the Pakatan Rakyat is very serious about what is going on in the state of Perak. We don’t want it to spread elsewhere.

(Question from reporter…… What happened will happened to them also. . . (unclear)….)

Well I’m they are not wonied, I don’t think anything will happened elsewhere, but the, the fact remains. We don’t want a precedent like this. You can’t grab power. You must get the power from the people in a constitutional manner. And I’m surprised that the Deputy Prime Minister is in fact a heading the charge in Perak including the Prime Minister himself. What is being done is very high-ended. Unbecoming of a Prime Minister and his Deputy. They got no business in fact to be even there. It’s better for the state assemblymen in UMNO that should take it up with the Sultan. Why, why should the a Sultan even give a audience to the Prime Minister and Deputy Prime Minister. They had no business to be there.

Ada apa-apa soalan lain?

(Question from reporter …… Is Pakatan going to a launch a huge rally to show the protest. . . (unclear)…)

Oh. That’s a separate matter. My task is a you know to sort of take it up from a the legal side. They want the law to prevail and we want the constitutional provision to prevail. It’s all wrong to take power on the strengths of crossovers, crossovers a people who are guilty of treachery to the rakyat. In fact, crossing over should be made a criminal offence. It’s cheating the public. It’s a very very serious matter to a cheat out of having been elected on a, on a PKR ticket to crossover or for the matter on DAP ticket to crossover. You got no business to do that. You are not elected on the Barisan Nasional ticket. You go back to the people.

Yes, my statement applies to both. In fact I say Anwar Ibrahim was wrong in having started a campaign to a take power on the strengths of crossovers. What he did was not right. What has to be said will be said. You can’t take power, or grab power on the strengths of crossovers.

Likewise, Najib is wrong, so why not, why not amend the Federal Constitution. I’ve been saying that all the time. At the moment the federal court has decided and this was a case coming from Kelantan. Kelantan had an anti-hopping law enacted in 1991, the Federal Court declared that the anti-hopping law was unconstitutional on the ground that it contervened Article 10 of the Federal Constitution which says you have a right to form associations. The right to associate include the right to disassociate, that’s what the Federal Court said.

The Federal Court has made a decision. The only way to get around the decision is to amend the Federal Constitution …. to out law party hopping. I think the people, the country are disgusted with party hopping. And every effort should be made by the elected residents of the people. To amend not only the Federal Constitutions, but all states constitutions to include a anti-hopping law. In fact, anti-hopping law should be made a criminal offence, Whoever does that should be put in prison. Barisan Nasional Govemnent does not have a two-third majority in Parliament at the moment to amend the Federal Constitution. I say now that the DAP will prepare, is prepared rather to give them not 9, they need 9 seats to make up two-third majority. We’ll give them 28. I’ll persuade Anwar Ibrahim and PAS to also support that amendment. At the moment PAS and NCR support party hopping, which is wrong. The DAP does not. Our stand has always been from the time the DAP was a in fact a set up way back in 1966 and it was formed until now our stand is very clear. You cannot cheat the Rakyat. Party hopping is something abhorent, unacceptable, and indefensible.

One way, or another by court of law a by, by the State Assembly, and after that by the Court of Law. So what the Sultan is doing is premature. as I said, because the Pakatan State Government is still in the majority.AFZAN SAKINA SULAIMAN, AISHAH AHMAD AZAM

SEDITION ACT 1948(ACT 15)(AS AT 25TH OCTOBER 1999)

implementation of any provision relating thereto) or in legislation or in the administration of justice with a view to the remedying of the errors or defects;(c) except in respect of any matter, right, status, position, privilege, sovereignty or prerogative referred to in paragraph (f) of sub-section (1);(i) to persuade the subjects of any Rulers or the inhabitants of any territory governed by any Government to attempt to procure by lawful means the alteration of any matter in the the territory of such Government as by law established;or(ii) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of the Federation,

if the act, speech, words, publication or other thing has not otherwise in fact a seditious tendency.

(3) For the purpose of proving the commission of any offence against this Act the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be hrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency.

4. Offences.(1) Any person who –(a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act which has or which would, if done, have a sedidous tendency;(b) utters any seditious words;(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or(d) imports any seditious publication,

shall be guilty of an offence and shall, on conviction, be liable for a first offence to a fine not exceeding five thousand dollars or to imprisonment for a team not exeeding three years or to both, and, for a subsequent offence, to imprisonment for a term not exceeding five years; and any seditious publication found in the possession of the person or used in evidence at his trial shall be forfeited and may be destroyed or otherwise disposed of as the court directs.

(2) Any person who without lawful excuse has in his possession any seditious publication shall be guilty of an offence and shall, on conviction, be liable for a first offence to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding eighteen months or to both, and, for a subsequent offence, to imprisonment for a term not exceeding three years, and the publication shall be forfeited and may be destroyed or otherwise disposed of as the court directs

5. Legal proceedings.(1) No person shall be prosecuted for an offence under section 4 without the written consent of the Public Prosecutor. In such written consent the Public Prosecutor may designate any court within Malaysia to be the court of trial.

6. Evidence.

(1) Notwithstanding anything to the contrary contained in the Evidence Ordinance,* no person shall be convicted of an